1. Menard’s violates labor law, National Labor Relations Board says….

Rick Romell, Milwaukee Journal Sentinel Published 5:16 p.m. CT Dec. 23, 2016 

According to Seth Goldstein, senior business representative with the Office & Professional Employees International Union, the National Labor Relations Board has issued a complaint alleging that Menards has improperly classified its drivers as independent contractors rather than employees.
The agency also accuses the Eau Claire-based firm of violating federal labor law by prohibiting drivers from filing class action lawsuits or NLRB charges against Menards, according to a copy of the complaint provided by Goldstein.

3. Menard’s – Overtime Lawsuit  February 2, 2018

Griffith, et al. v. Menard, Inc., Case No. 2:18-CV-81 (S.D. OH)   Attorneys: Bob DeRose

On January 31, 2018, the law firms of Barkan Meizlish, LLP and Anderson2X, PLLC filed a nationwide class and collective action lawsuit against Menard, Inc., the Wisconsin-based operator of the roughly 300 Menards retail stores across 14 Midwestern states.

The Allegations

The lawsuit contends that Menards maintained several unlawful company-wide policies in violation of the federal Fair Labor Standards Act (FLSA) and numerous state wage laws. Specifically, the lawsuit alleges that Menards maintained a company-wide policy of requiring employees to clock out for restroom breaks and certain store meetings during their shifts. It also alleges that Menards required employees to complete job-related training exercises at home, but failed to compensate them for performing the work.

The Case

Unpaid work hours and unpaid overtime compensation resulted from these alleged violations. The Named Plaintiffs in this lawsuit are 160 current and former hourly Menards employees from 13 different states. The Named Plaintiffs seek to recover all unpaid compensation, overtime, and other damages owed to them under the FLSA and respective state wage laws. They also seek the Court’s permission to send notice of the nationwide collective action lawsuit to all similarly situated individuals to apprise them of their rights and provide them an opportunity to opt in to the lawsuit.

4. Menards Class Action Says Customers Are Recorded At Return Counter
   
Top Class Actions    Emily Sortor July 11,2019

A former Menards employee claims that the company secretly records customers at return counters and secretly records employees in the break room. Plaintiff Kenneth R. Bucholz says that he worked for Menards at store locations in both North Dakota and Wisconsin.  He says that during his employment, he was made aware that the company secretly records employees, guests, patrons, and others on the premises with electronic devices.
 
The Menards class action lawsuit asserts that the company’s practice of secretly recording individuals amounts to a violation of the Wisconsin Electronic Communications Privacy Act and the U.S. Electronic Communications Privacy Act.  Bucholz goes on to say that many employees are unaware that the company is secretly recording them and others and storing those recordings.  Allegedly, Menard’s does not make a habit of notifying employees that their policy is to record the premises, nor do they have signs up notifying customers that they may be recorded.

Menard’s secret recording class action lawsuit asserts that the company can eavesdrop electronically on the recordings from inside a security office in each store. Additionally, Menard’s customer recording class action lawsuit says that Menards has the ability to and has in fact listened to the recording devices from its corporate office, regardless of what state the recordings were made.

The Menards employee recording class action lawsuit goes on to say that Buchholz was recorded while he was an employee — allegedly he was recorded both in the break room and elsewhere, in both of the stores in which he worked. Bucholz goes on to say that he was also recorded and eavesdropped on as a customer, saying that he patronized numerous Menards locations. Allegedly, he made returns to the return desk and was recorded at that point. The Menards eavesdropping class action lawsuit says that it was not until March 28, 2019, that Buchholz became aware that he was being recorded when he discovered the recording devices.

Bucholz says that he did not consent to be recorded or eavesdropped on at any point in his employment. Similarly, he says that other customers have not given their consent to be recorded nor have they been made aware that they are being recorded. He claims that his and others’ privacy was violated by this practice.  Allegedly, there is a “notice” posted by Menards that the company audio records the store, but it is not posted in a way that customers could see it easily, nor is it posted in all of the stores.  Bucholz says it is situated so that customers would only be able to see the sign if they exited through the entrance doors. However, the stores are allegedly set up so this is highly unlikely. 

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